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Judgment
B. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 03.11.2020 on behalf of Rajeev Kacher, who is confined in custody since 03.10.2020 in connection with the Crime No. 225/2020 registered at Police Station, Police, Chowki Indwar, District Umariya for the offences punishable under Sections 498-A and 306 of IPC.
It is submitted by the applicant's counsel that the applicant has been falsely implicated in this case. The counsel draws the attention towards the statements of mother Ranju Devi and brother Gajendra and submits that the deceased was stayed at her maternal home for about one year with her husband. Therefore, no any evidence is found for the offences under section 498-A and 306 of IPC.
On the other side, the State opposed the application. The counsel for the State also read out the statement of mother and submits that the mother deposed that due to mental torture of the applicant, the deceased committed the suicide. Therefore, the applicant should not be enlarged on bail.
It appears from the record that the deceased Pooja was marry with the present applicant on 15.02.2016. That was love marriage performed at Arya Samaj Biloua, district Gwalior. The deceased was also the mother of daughter aged about three years. The deceased committed the suicide on 15.09.2020 by hanging herself. As per allegation of the prosecution the accused was not permitted to deceased to go her maternal home. Therefore, the mental torture was caused. Hence, the deceased committed the suicide.
Looking to the overall allegations, statements recorded and after taking into consideration arguments advanced by both parties, without commenting on merits of the case, the application is allowed. The applicant Rajeev Kacher be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court.
At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned authority.
Accordingly, this M.Cr.C. stands allowed.